Published tribunal order
Tenancy Tribunal case 4659671 — Rent arrears
Decided 4 Oct 2023 · Published 4 Oct 2023 · Application 4659671
- Rent arrears
Party names are redacted in the official published order.
Order
- This order will not be published. Interim name suppression orders apply until the substantive matters are heard and determined.
- [The tenant/s] owes [The landlord/s] $2,800.00 (“the debt”) being rent arrears to 17 September 2023 (the end of the current rent period).
- [The tenant/s] must pay rent and the debt as follows: a. By a payment of $2,800.00 by 17 September for the rent arrears Those are the only required changes. b. This payment is in addition to usual rent payments of $400.00 per week the next payment of which is due on 18 September 2023 and every Monday after that until the tenancy ends.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The hearing is adjourned. The tenant’s application and the balance of the landlord’s application will be heard together at an in-person hearing.
- Tenancy Services will advise the parties of the date and time of the hearing which will be set after 16 October 2023.
- At least 7 days before the next scheduled hearing the parties must provide a written statement of the claims they are making against each other.
- For clarity, the rent arrears order made today is for the amount accepted by the tenant. The landlord claims rent arrears of $3,200.00 to 17 September 2023. The disputed amount of rent ($400.00) will be determined at the next hearing, to be scheduled before any available adjudicator.
Reasons
- Both parties attended the hearing which I conducted by phone.
- Each party has made claims against the other. Together, the applications are not suitable for a telephone hearing.
- It was agreed that just one aspect of the landlord’s application would be dealt with by phone – rent arrears and an application for termination based on rent arrears of more than 21 days.
- There is a dispute about the amount of arrears owing. The tenant accepts rent arrears of $2,800.00 to the end of the current rent period. The landlord claims rent arears of $3,200.00.
- I have made an order for rent arrears for the undisputed amount only. The amount in dispute ($400.00) will be determined as part of the landlord’s application at the next hearing.
- The landlord has served a termination notice for the tenancy to end on 10 October 2023.
- I have directed that the applications be set for hearing together after 16 October. That allows time for the landlord to amend the application if there are additional claims for vacated costs.
- The next hearing will be held in person before any available adjudicator.
- I have made a time tabling direction for the parties to specify their claims at least 7 days before the next scheduled hearing so each party is aware of what is being claimed against them.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, or at the date of hearing, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.